Case Title: XXX V. STATE OF KERALA
Case No: CRL.MC NO. 8258 OF 2023
Decided on: 13 DECEMBER 2023
CORAM: JUSTICE GOPINATH P.
Facts of the Case
The petitioner is accused in Crime No.264/2023 at Kuttiyadi Police Station, Kozhikode District, under various sections of the Indian Penal Code and the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). Allegations include sexual assault on the victim (his daughter) at the age of eight and subsequent rape in Bahrain in March 2022. The petitioner claims the accusations are false, asserting that the victim, influenced by her relationship with a person named Fazil, filed the complaint against him after he objected to her association with Fazil. A notarized affidavit by the victim’s mother supports the claim that the victim’s complaint was false, citing the objection to her relationship with Fazil as the motive.
Legal Provisions
Sections 376(3), 376(2)(f), 354(1)(i) of the Indian Penal Code. Sections 6, 5(l), 5(n), 10, 9(m), 9(n) of the POCSO Act. Section 482 of the Criminal Procedure Code (Cr.P.C) – filed to quash the proceedings.
Issues
Whether the allegations of sexual assault and rape against the petitioner are valid or not?
The Claim by the petitioner that the accusations are false and motivated by the victim’s relationship with Fazil is valid or not? Use of Section 482 Cr.P.C to seek the quashing of proceedings.
Courts Analysis and Decision
The court, considering the complexities of the case and the victim’s minor status, engaged the assistance of Adv. Parvathy Menon, Project Coordinator, and Victim Rights Centre. The learned Public Prosecutor presented additional statements from the minor victim and her mother, indicating that the accusations against the petitioner were false and driven by objections to the victim’s relationship with Fazil. Upon careful examination of the affidavit by the mother, the Project Coordinator’s report, and the Counselor’s report, the court concluded that false allegations had been raised against the petitioner due to objections to the victim’s relationship. The court emphasized that the decision to quash proceedings was not based on settlement but on the conviction that the allegations were unfounded. The court referenced the Vishnu case and highlighted that, in certain circumstances; the affidavit of the guardian of the victim could be accepted. The reports from the Project Coordinator and Counselor were accepted as part of the record, with confidentiality ensured. The court appreciated the efforts of Adv. Parvathi Menon, concluding that the proceedings in SC No.841/2023 were quashed against the petitioner.
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Written by- Komal Goswami
